Scott Mollen 'Legal Impossibility' Defense; Rent-Impairing Conditions; Condo Board Members Acting Outside Their Authority: Thias Week in Scott Mollen's Realty Law Digest
Scott Mollen discusses "1163 Manor Realty LLC v. La Catrina Mexican Restaurant Corp.," "Eleven Eleven Realty Assoc. v. Elizabeth," and "Carpenter v. Shore Towers Condominium Board of Managers."
May 21, 2024 at 12:56 PM
15 minute read
Commercial Landlord—Tenant—Motion To Amend Answer To Assert Legal Impossibility Claim Granted—Tenant Argued That It Was Legally Impossible To Obtain Rent Insurance Required by the Lease—Distinction Between a Denial and an Affirmative Defense
A restaurant tenant moved for an order granting leave to interpose an amended answer, adding a defense of "legal impossibility." The petitioner landlord argued that it would be prejudiced if the tenant was permitted to amend the answer "at this late hour."
The court explained that pursuant to CPLR §305, "leave shall be freely given upon such terms as may be just including the granting of costs and continuances." Additionally, "leave to amend a pleading shall be freely given, absent prejudice or surprise. CPLR §305(c)."
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